Legislature

A bill to let illegal immigrants in Colorado pay in-state tuition won initial approval Friday in the Democratic-controlled Senate after a three-hour debate that was at times both emotional and angry.

The measure first was approved on a voice vote, but Republicans forced a roll call vote, and the bill won on a 20-13 vote, with no Democrats voting against it. That was a switch from two years ago when five Democrats helped Republicans shoot down a similar measure on a 16-18 vote.

Sen. Michael Johnston, D-Denver, who sponsored the bill, said lawmakers should not "visit the sins of the father on the son" by punishing students who were brought to Colorado as children by their illegal immigrant parents.

And Sen. Angela Giron, D-Pueblo, who also sponsored the legislation, choked back tears as she described the difficulties faced by children who want to improve their lives.

"I do have family members who are undocumented," Giron said. "These are families that have lived here and have paid taxes."

Under the bill, illegal immigrants who have graduated from a Colorado high school after having attended at least three years would be eligible to attend a state college or university at the in-state tuition rate.

Supporters say students affected by the measure actually would pay more than in-state tuition because they would not be getting a direct subsidy called a College Opportunity Fund scholarship from the state that now lowers the cost of tuition for resident students.

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As an example, a Colorado student receiving in-state tuition at the University of Colorado at Boulder would normally pay $8,508 in tuition per year, while an out-of-state student would pay $28,619. Under the bill, an illegal immigrant qualifying for the in-state rate still would pay $10,368 because of not receiving the College Opportunity Fund subsidy.

For these reasons, supporters call the rate that illegal immigrant students would pay an "unsubsidized rate." But detractors of the legislation said it was a sham to argue these students wouldn't still be subsidized by state appropriations to each college and university.

"Every institution subsidizes these kids as they go to school," argued Sen. Keith King, R-Colorado Springs, who unsuccessfully tried to get the word "unsubsidized" removed from the bill.

Sen. Ted Harvey, R-Highlands Ranch, reflected the arguments of many Republicans, who said the bill would simply encourage more illegal immigration.

"When you incentivize illegal behavior, you beget illegal behavior," Harvey said. "Our borders are being overrun because of those policies."

This time, three Democrats who had voted against the idea in 2009 voted for it: Sens. Morgan Carroll of Aurora, Linda Newell of Littleton and Lois Tochtrop of Thornton.

The Senate still must consider the bill on a final recorded vote before it can go to the Republican-led House, where its prospects are far less clear. Republicans hold a 33-32 advantage in the House, so Democrats, if they can muster every one of their votes in favor, could conceivably pass the bill with one Republican vote.

First, though, it would have to clear a House committee, and which committee it is assigned to will be critical. If it is assigned to the House Education Committee, the vote could come down to Rep. Robert Ramirez, R-Westminster, the only Latino Republican in the House, who is still struggling with his position.

"I don't believe I'll vote yes, but I don't know yet," said Ramirez, who's been lobbied heavily by supporters and opponents of the bill.

Ramirez agrees with those who say the bill creates an inducement to illegal immigration, but adds that he also agrees with those who say doing nothing creates a permanent underclass of uneducated people.

Ultimately, the answer lies with the federal government, he said.

"We have an issue that we're not addressing here, which is the immigration issue," Ramirez said.

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